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Violation of EU law by § 14c UStG: No tax liability without tax risk, no liability in good faith

  • § 14c UStG violates EU law
  • No tax liability without tax endangerment
  • No tax liability in case of good faith
  • FG Cologne recently ruled that § 14c UStG does not apply if there is no tax endangerment or if the invoice issuer acted in good faith
  • The ruling is significant for various scenarios involving incorrect or unauthorized VAT amounts in invoices
  • The EU Court of Justice restricted the scope of Art. 203 MwStSystRL in a case involving P-GmbH in Austria

Source: datenbank.nwb.de

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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